1910.28(b)(2)(ii): Fall Arrest When Leaning Through Hoist Openings
When any part of a guardrail, gate or chain at a hoist access opening is removed and a worker must lean through or over the edge to help with hoisting, the employer must protect that worker with a personal fall arrest system.
Key takeaways
- 1910.28(b)(2)(ii) is part of OSHA's general industry standards (29 CFR Part 1910, Subpart D).
- OSHA cited it 10 times in the last 3 years, in 10 inspections, with $38,515 in current penalties.
- Most citations: MI (3), WI (2), TX (1).
- Related part: 1910.28(b) Protection from fall hazards (3,551 citations).
- Free 5-minute toolbox talk for your crew below.
In this article
What this rule covers
29 CFR 1910.28(b)(2)(ii) is one requirement inside 1910.28 Duty to have fall protection and falling object protection, an OSHA general industry standard (Part 1910, Subpart D). The official text below is copied word for word from the Electronic Code of Federal Regulations (eCFR). The numbers, injury cases and training on this page show how OSHA enforces it on real job sites.
Official text
(ii) When any portion of a guardrail system, gate, or chains is removed, and an employee must lean through or over the edge of the access opening to facilitate hoisting, the employee is protected from falling by a personal fall arrest system. 10 citations
Source: eCFR, text current as of 2026-10-15. Read all of 1910.28.
Where and how often it was cited
| Year | Citations |
|---|---|
| 2024 | 3 |
| 2025 | 5 |
| 2026 | 2 |
Top states: MI (3), WI (2), TX (1), MO (1), AK (1)
Largest penalties
| Employer | Location | Penalty for this rule |
|---|---|---|
| OZARKS COCA-COLA/DR PEPPER BOTTLING COMPANY | BOLIVAR, MO | $11,823 |
| PS SEASONING & SPICES, INC. | IRON RIDGE, WI | $6,222 |
| NORTHBROOK LLC | NIAGARA, WI | $3,750 |
| 317742721 - GTS DRYWALL SUPPLY COMPANY | PRINEVILLE, OR | $3,500 |
| INDUSTRIAL FITTINGS AND VALVES, INC. | TOA BAJA, PR | $3,310 |
Free toolbox talk
A 5-minute crew talk on 1910.28(b)(2)(ii), plus alerts when this rule changes. Free.
OSHA interpretation letters
None exist. OSHA has not published a letter of interpretation for 1910.28(b)(2)(ii).
Related parts of this rule
- 1910.28(b) Protection from fall hazards 3,551 citations
- 1910.28(b)(1) Unprotected sides and edges 1,938 citations
- 1910.28(b)(1)(i) 1,933 citations
- 1910.28(b)(3) Holes 667 citations
- 1910.28(b)(11) Stairways 407 citations
- 1910.28(b)(11)(ii) 351 citations
- 1910.28(b)(3)(ii) 288 citations
- 1910.28(b)(3)(i) 238 citations
- 1910.28(b)(13) Work on low-slope roofs 132 citations
- 1910.28(b)(6) Dangerous equipment 123 citations
- 1910.28(b)(3)(iv) 108 citations
- 1910.28(b)(6)(i) 106 citations
Get your crew competent
Trainers on Black Belt Safety: Marc Harvey, Dana Reyes
Trainers and suppliers: feature your business on this rule for $25/month.
Frequently asked questions
When do I need a personal fall arrest system at a hoist area?
When part of the guardrail, gate or chains is removed and you must lean through or over the edge of the access opening to help with hoisting.
Is a guardrail enough if I have to lean over it?
When any portion of the guardrail, gate or chains is removed and you lean through or over the edge, the rule requires a personal fall arrest system.
Does this apply to gates and chains too?
Yes. It applies when any portion of a guardrail system, gate or chains is removed.
About this page
Sources
- 29 CFR 1910.28 (eCFR), text current as of 2026-10-15
- U.S. Department of Labor enforcement data: OSHA inspections, citations and accident records, copied nightly; data as of 2026-10-20
3-year window. Federal OSHA only; state-plan rules are not counted. Plain-language text is a summary, not legal advice; the official text controls. Black Belt Safety is not part of OSHA or the Department of Labor.